1. Field of the Invention
Among other things, the present invention is related to a system, stabilizer and method for a spinal implant. Preferred embodiments of the current invention utilize a plate or a head with a length greater than distance between sides of the surgically created cavity to assist with the inhibition of the inward advancement of the spinal implant after implantation of the spinal implant. Select preferred embodiments provide a nut with an arm extending away from the nut.
2. Description of the Previous Art
Any discussion of references cited in this Description of the Previous Art merely summarizes the disclosures of the cited references and Applicant makes no admission that any cited reference or portion thereof is relevant prior art. Applicant reserves the right to challenge the accuracy, relevancy and veracity of the cited references.
1) US Published Patent 20050159813-Molz, IV discloses a spinal implant and method for implantation. Paragraph 12 of Molz reads, “The elongate plate 26 also defines a pair of passages 37, 38 that are radially offset from and located on diametrically opposite sides of the longitudinal axis 18. The passages 37, 38 are sized and positioned so as to receive the respective posts 23, 24 extending from the cage 17 therein. As should be appreciated, the angular orientation of the posts 23, 24 extending from the cage 17 is initially offset 90° from the angular orientation of the passages 37, 38 in the plate 26 when the cage 17 is positioned in the first operational configuration illustrated in FIGS. 1 and 2. However, when the cage 17 is rotated to the second operational configuration illustrated in FIGS. 3 and 4, the posts 23, 24 are aligned with the passages 37, 38. Once rotated to the second operational configuration, tightening of the fastener 27 into the threaded opening 22 in the cage 17 results in displacement of the cage 17 toward the plate 26 and positioning of the posts 23, 24 within the passages 37, 38. However, it should be understood that in another embodiment, tightening of the fastener 27 into the threaded opening 22 in the cage 17 may result in displacement of the plate 26 toward the cage 17 to position the posts 23, 24 within the passages 37, 38.
Among other things, Molz does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a torsion fastener engaging the locker, a hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
2) U.S. Pat. No. 5,683,394-Rinner enables a fusion mass constrainer. replacement. In part, Columns 2 and 3 read, “Referring to FIGS. 1-3, a fusion mass constrainer of the present invention is illustrated. The fusion mass constrainer includes a main body portion 1 that includes a hollow cage assembly 3 having an inner cavity 7. The cage assembly includes a generally cylindrical outer surface 5 that is meant to be arranged with its axis in a generally horizontal plane. The cage assembly has a pair of opposing horizontal platforms 4 of generally rectangular cross section which extend from the cage assembly along its length. The outer surface also includes a pair of openings 6, one above and one below the planes formed by the upper and lower surfaces of the platforms.
Migration of bone graft from the proximal end of the cage is prevented by an end cap 2 which fits over and closes the proximal opening. The end cap includes a cylindrical portion 105 of approximately the same diameter as the cavity of the main body portion. A pair of blades 109 are provided integral to the end cap and extend out from opposite sides of the surface of the cylindrical portion.
The end cap is positioned by orienting the blades horizontally and inserting the cylindrical portion into the cavity of the main body portion. The end cap is then rotated in a clockwise direction approximately 90 degrees as best illustrated in FIG. 2. By rotating the blades in this fashion, the blades are forced into the cancellous bone of the vertebrae above and below the injured disc. Once rotated into place, the vertically oriented blades prevent migration of the fusion mass constrainer from its location between the vertebra.” Among other things, Rinner does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture. It can be argued that Rinner's end cap 2 is either a plate or a torsion fastener, but the structure of the Rinner end cap prevents the end cap from being both a plate and a torsion fastener. It also does not appear that Rinner teaches a stabilizer wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
3) U.S. Pat. No. 6,090,143-Meriwether, et al. enables a box cage for intervertebral body fusion. In part, Column 4 reads, “To obviate this problem, in accordance with the present invention, and as illustrated in the exploded view of FIG. 2, there is provided a generally rectangular box-like cage member, indicated generally by numeral 30, having four mutually perpendicular sidewalls 32, 34, 36 and 38 of a predetermined height dimension, allowing insertion between adjacent vertebral bodies using either an anterior, a posterior or a lateral approach. Extending between opposed sidewalls 32 and 36 are a plurality of parallel, spaced-apart rib members 40. The rib members are preferably triangular in shape as illustrated terminating in a ridge line 42.
The opposed side edges 32 and 36 also each include a circular aperture, as at 44 and 46, for receiving therein a locking screw member indicated generally by numeral 48. The locking screw 48 includes a head 50 having a non-circular recess 52 formed inwardly of a face surface thereof for receiving an appropriate screw driver-like tool. The locking screw has a raised thread 54 of a predetermined pitch slightly wider than the thickness dimension of the end walls 32 and 36. The root diameter of the locking screw 48 allows it to be fitted through the aperture 44 and advanced until the tapered end portion 56 thereof passes into the aperture 46 of the sidewall 36. The crest diameter of the locking screw 48 is made greater than the height dimension of the mutually perpendicular sidewalls 32, 34, 36 and 38 of the cage member 30, and, as such, the threads project outwardly beyond the level of the edges of the side walls.”
Among other things, Meriwether does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a plate with a length greater than at least one of the distances between sides of the surgically created cavity where the plate has a hole proximate an aperture of the spinal cage, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
4) U.S. Pat. No. 6,231,610-Geisler enables an anterior cervical column support device. In part, Columns 3 and 4 reads, “As shown in FIG. 1, the side view of the anterior cervical column support device 10 shows the rear plate 11 attached to the back surface 15 of the support device 10. It also shows a side surface 12a. Each side surface 12a and 12b has the same shape and size. FIG. 1 also shows a side view of the top load bearing surface 13 and the bottom load bearing surface 14. These surfaces 13 and 14 have the same size and shape and are named differently for the purpose of description only. Each surface 13 and 14 includes serrations 18.”
Among other things, Geisler does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a plate with a length greater than at least one of the distances between sides of the surgically created cavity where the plate has a hole proximate an aperture of the spinal cage, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
5) U.S. Pat. No. 6,432,106-Fraser enables an anterior lumbar interbody fusion cage and locking plate. In part, Column 4 reads, “FIG. 8 depicts the fusion cage described above with respect to FIGS. 1, 2 and 3 after it has been implanted. In this view, portions of the vertebral bodies are shown cut-away to illustrate the penetration of the bone screws 58 and 60 into the bodies. It is important to note that screw heads 62 and 64 are flush or sub-flush with the anterior face surface 66 of the fusion cage, thus minimizing the likelihood that major blood vessels running along the spine will be injured.”
Among other things, Fraser does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a plate with a length greater than at least one of the distances between sides of the surgically created cavity where the plate has a hole proximate an aperture of the spinal cage, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
6) U.S. Pat. No. 6,572,619-Santilli enables a cage plate for spinal fusion and method of operation. In part, Column 5 reads, “Referring to FIGS. 2-4, anterior views and a side elevation view of the cervical spine are shown. The cage 12 of the cage plate 10 is installed in the same manner as is described in U.S. Pat. No. 5,961,554 at columns 4-5. The description set forth in FIG. 5 describes a step-by-step methodology for installing the complete cage plate 10 in adjacent cervical vertebral bodies. It is to be understood that the length of the plate 14 and the cage 12 can be selected to fuse either two or three vertebrae of any portion of the spine.”
Among other things, Santilli does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a plate with a length greater than at least one of the distances between sides of the surgically created cavity where the plate has a hole proximate an aperture of the spinal cage, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
7) U.S. Pat. No. 6,770,096-Bolger, et al. enables an interbody spinal stabilization cage and spinal stabilization method. In part, Column 4 reads, “In a preferred embodiment of the invention, said anchoring means 3 have an overall S shape, as illustrated in FIGS. 1 and 2, and the centre of gravity of the S shape is positioned on the axis A of the actuation means 2, as illustrated in FIG. 3.”
Among other things, Bolger does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a plate with a length greater than at least one of the distances between sides of the surgically created cavity and the plate having a hole proximate an aperture of the spinal cage, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
8) U.S. Pat. No. 6,926,737-Jackson enables a spinal fusion apparatus and method. In part, Columns 5 and 6 read, “Each of implants 10 and 11 (best seen in FIG. 11) are elongate and have a central axis A. Each of the implants 10 and 11 also are somewhat annular in shape having a central chamber 20, surrounded by a wall 21 having an outer surface 22. The wall 22 is penetrated by a plurality of ports or windows 26 that are radially positioned and open into the central chamber 20. The outer surface 22 also includes partial threads 27 interspaced at opposite corners with the windows 26.
Each implant 10 and 11 has an enclosed rear end 30 and an anterior or front end 31. The implant front end 31 has a threaded bore 32 that is generally aligned with the axis A and an outer generally planar surface 33. When installed, bone chips 35, normally harvested from another part of the body such as the hip, are inserted in the chamber 20 (see FIG. 8).
The plate 12 is relatively rigid, but has a slight amount of resiliency. The plate 12 joins two spaced end caps 15 and 16 having loops 40 and 41 respectively joined by a connector 42. The end caps 15 and 16 are sized and shaped to generally sit snugly against the front end surface 33 of each of the implants 10 and 11 so as to be located at least partially directly anterior of a respective implant 10 and 11. The interior of each illustrated loop 40 and 41 is somewhat oblong. The oblong nature of the loops 40 and 41 is necessary in some cases to allow for various spacing of the implants 10 and 11 and more importantly to allow the second of the set screws 13 or 14 to be started into the associated bore 32. It is foreseen that in certain embodiments the loops 40 and 41 would not be required to be oblong, but could be circular or the like.”
Among other things, Jackson does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer after the stabilizer is locked.
9) U.S. Pat. No. 7,182,782-Kirschman enables a spinal fusion system and method for fusing spinal bones. In part, Column 4 reads, “As illustrated in FIG. 11, the housing 32 is generally U-shaped as shown. In the embodiment being described, the housing 32 comprises a well 33 defining multiple sides and comprising a predetermined shape selected to cause the graft material to be formed into a multi-sided fused coupling between adjacent spinal bones, such as bones 10 and 12 in FIG. 3. Although not shown, the housing 32 could define a shape other than rectangular, such as semi-circular, oval or other suitable shape as may be desired. Note that the housing 32 comprises a first wall 32a, a second wall 32b and a third wall 32c joining the first wall 32a and the second wall 32b. One or more of the walls 32a-32c may comprise a plurality of holes or apertures 40 which facilitate the fusing process. The apertures 40 also permit visualization of graft material 30 on x-rays.”
Among other things, Kirschman does not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a plate with a length greater than at least one of the distances between sides of the surgically created cavity where the plate has a hole proximate an aperture of the spinal cage, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.
10) The assignee of the following: U.S. Pat. No. 7,435,261-Castro enabling a spinal implant and method of using spinal implant, U.S. Pat. No. 7,942,932-Castro enabling a spinal implant and method of using spinal implant, U.S. Pat. No. 8,002,832-Castro enabling a spinal implant and method of using spinal implant, U.S. Pat. No. 8,016,887-Castro enabling a spinal implant with overlay, U.S. Pat. No. 8,075,620-Castro enabling a doughnut-like spinal implant, U.S. Pat. No. 8,167,945-Castro enabling a doughnut-like spinal implant, U.S. Pat. No. 8,226,718-Castro enabling a spinal implant and method of using spinal implant, U.S. Pat. No. 8,246,682-Castro enabling a spinal implant, US Published Patent Application 20120004730-Castro enabling an end cap and connector for a spinal implant, US Published Patent Application 20100305701-Castro enabling a spinal implant, US Published Patent Application 20100324682-Castro enabling a spinal implant, US Published Patent Application 20100324681-Castro enabling a wedge-like spinal implant, European Patent Application 2470081A1 enabling a spinal implant, WIPO Patent Application WO2011/028236 enabling a spinal implant and WIPO Patent Application WO2012/060877 enabling stabilizers, end cap and connector for assisting stabilization of a spinal implant is also the assignee of the current Application for Letters Patent entitled system and stabilizer for spinal implant and methods of assisting stabilization of spinal implant.
Among other things, the above identified Castro references do not appear to disclose a stabilizer with a locker positioned inward of the spinal cage's aperture, a plate with a length greater than at least one of the distances between sides of the surgically created cavity where the plate has a hole proximate an aperture of the spinal cage, a torsion fastener for engaging the locker, the hole of the stabilizer's plate and the spinal cage's aperture, moving or rotating the plate prior to locking the stabilizer for inhibiting the inward advancement of the spinal cage, wherein the torsion fastener is secured only to the spinal cage and the stabilizer and not bone after the stabilizer is locked.